2009-148s:Aour documemeAordinancesV09Adca08-0002 rmmdw
ORDINANCE NO. "Pq- ~`f 7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTERS 6,12
AND 13 OF THE DENTON DEVELOPMENT CODE TO CLARIFY STANDARDS AND
REGULATIONS REGARDING SPECIFIC USE PERMIT REVOCATION, YARD
MEASUREMENTS, ACCESSORY BUILDINGS AND STRUCTURES, GENERAL
REGULATIONS, EXPANSION APPLICABILITY, PRESERVATION AND MITIGATION
REQUIREMENTS FOR INFILL LOTS, LIGHT AND GLARE PERFORMANCE
REQUIREMENTS, AND SITE DEVELOPMENT REQUIREMENTS FOR RESIDENTIAL
BUILDINGS, AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE.
(DCA08-0002)
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code") and
WHEREAS, after providing notice and after conducting a public hearing as required bylaw,
the Planning and Zoning Commission recommended approval of certain changes to Subchapters 6,
12 and 13 of the Denton Development Code.
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the City Council finds that the subject changes to the Development Code are consistent with the
Comprehensive Plan and are in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. Subchapters 6, 12 and 13 are amended to reflect the changes outlined in
Exhibit "A"; all provisions not changed herein to remain as written.
SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the CityofDenton,
Texas, within ten (10) days of the date of its passage.
s:\0ur do umcros\ordinances\09\dca08-0002 nn.dnc
PASSED AND APPROVED this the day of '2009.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS)TO LEGAL FORM:
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Oour dmumenrs\ordinancesV09Adca08-0002 rnAm
EXHIBIT A
Amend Subchapter 35.6.6.A. of the DDC as follows:
A Specific Use Permit shall expire if all required City permits for development are not obtained
and construction, if applicable, has not commenced within twenty-four (24) months from date of
approval.
Amend Subchapter 35.12.2.C. of the DDC as follows:
Non-habitable, unenclosed architectural projections, such as porches, stairs, stoops, and awnings,
shall not extend more than seven and a half (7 1/2) feet into a required front yard setback, or
twenty-four (24) inches into a required side or rear yard setback. Architectural projections of
window sills, bay or box windows, belt courses, cornices, and other projecting architectural
features, except for roof overhangs and eaves, shall not extend more than twelve (12) inches into
the required front, side or rear yard setback.
Amend Subchapter 35.12A.B. and Figure 1 of the DDC as follows:
1. The combined square footage of the principal structure and accessory structure(s)
shall not exceed the zoning district maximum lot coverage specified in Subchapter 5.
2. Accessory structures, with the exception of non-residential detached carports, gas
station canopies, gas station car wash facilities, and security/entry booths, are
prohibited in front or side yards.
3. Accessory structures shall be set back a minimum of three (3) feet from all property
lines associated with its permitted location.
4. No portion of an accessory structure may be located in, or encroach upon, any
easement.
5. All accessory structures that require a building permit shall be architecturally
compatible with its associated principal structure or screened from view of abutting
properties and public rights-of-way. In this context, the term "architectural
compatibility" includes, but is not limited to, consistency in: roof pitch, exterior
construction materials, exterior color, and architectural design and detail.
6. Guest quarters shall be located on the same lot as an existing detached single-family
use and may be attached to the principal building, or be located within a detached
accessory building.
No more than one (1) guest quarters per lot shall be allowed.
8. Guest quarters shall not be used as rental units or as a permanent secondary dwelling
unit.
9. Guest quarters shall be served by the same utility meters as the primary dwelling.
Figure 1
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s:\our documen B\mdinances\09\dca08-0002 i n.drp
INTERIOR LOT
Rear Lot
Accessory
Structure
e (Garage)
.i
.J
Rear Yanl
CORNERLOT
Accessory
o
Structure
(Garage)
Rear Yard
Principle
E
m
Structure
a
~
d
9
H
on
on
v
N_
Front Yard
Sae"
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:
-
.
Principle
Slruclure
t
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11 N
1
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Front Yard
Front Lot Line
Amend the Expansion Applicability Table as follows:
Non-residential expansion All buildings shall be subject to the provisions of the Expansion
Applicability Table when the cumulative expansion exceeds the greater of 1,000 square feet or
25% of the building's square footage at the time of original adoption of this code, or when
originally constructed if constructed after February 20, 2002.
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s:\uur documents\urdinances\09\dca08-0002 rniem
Amend Table 35.13.7.A. of the DDC as follows:
Table 35.13.7.A
Preservation & Mitigation Requirements for In-fill Lots
Historic
Protected
Quality Tree & Quality
Large Secondary
Lot Size
Trees.
Trees
Tree Stands
Trees
Secondary Trees
Less than
100%
acre
Preserved
None
None
None
None
If removed,
acre to
100%
mitigated
None
If removed, mitigated
None
1 acre
at a 1:0.5
at a 1:0.25 ratio.
ratio.
If removed,
1 acre to
2.0
100%
mitigated
None
If removed, mitigated
None
at a 1:1
at a 1:0.5 ratio.
acres
ratio.
r1 of 10,41 of A
li
OHa
ty Trees & THee
Stands pieserved in Smgle-
f.+.,'I. P. n .+lex l..J1..,
b
eve
1
Amin mum
of Afall
a
e+
Gac
i-removed
i
t
t
d
Quality Tees c
t Fee
St
d
d i
M
l
i
r~
mi
iga
e
an
s preserve
n
u
t
-
.:r.
1.0 Ta1-Feg
at a 1 .1.5
ratio.
44m4 .ry--arid-z:'vi esidei tial
development
at I .n 75
to ` tile
Feemage required to be
ed ma be
t
,S bs m
~1~
.^^'"-r.rrrr.r~rr~" ^f
or z
A of I
T. -`n`nrmr`rn' °
d :
1 i
e n oln'~
o
0:..,.
.++a. D. n..f
* f..~ap~ Dwelling pevelopmentsi
iFeate
if removed,
A In nifolmi or ac lr
o
pi . s.,..ecr in Mrzrrtl-faHtily
n ...n** of tO GO/
.*:.,Tr .o
eser ed in An Ir f .,+n.
il
d N
id
3
100°ti
mitigated
and Nn residential
e ne mitigated
An
on Fe-g
enl
nrr
at-a~2-
deve4ePmemS
at-a--1-}-r;itiEr.
Winf
acres
ratio
131& (,rn ,.f.6,.
11.+.~ cn°i ,.r~
°Pz°~mvvx-rte
the
d to be
Yeee obe~-.
P,
. o he
i
R . under -
•r•.C--~
~d may be
Preserved may
od under the
♦
b
1"irrr^
c bspetimi -
C.6'~
vrrm'
c bgeptien. a a I n vc
ratio,
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sour dmumems\ordinancesV09AdcaOS-0002 nn.dw
3
Amend Subchapter 35.13.12 of the DDC as follows:
All lighting within developments other than single-family developments, shall meet the
following standards:
A. Light may not measure more than one-half foot-candle of illumination at the property line,
except as provided in 35.13.12.D and when state and federal regulations apply.
B. Non-residential developments comprising of multiple lots, such as a shopping center where
internal property lines adjoin each other, are exempted from the requirement 35.13.12.A.
C. Lights shall be shielded to prevent upward diffusion.
D. Areas designated for pedestrian use shall provide a minimum of one foot-candle of
illumination.
Amend Subchapter 35.13.13.1.B. of the DDC as follows:
Attached front entry garages of residential dwellings may not extend forward of the front
building wall and the total width of the garage door(s) shall not occupy more than 40% of the
total building frontage. This requirement does not apply to attached side entry garages. Front
entry garages that are setback at least 30 feet behind the front building wall are exempted from
the 40% maximum limitation.
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